RAM PRATAP Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant Ram Pratap has moved the present application under Section 482 of Cr.P.C to quash the criminal proceedings of the Case No.6045/2006 pending before the Chief Judicial Magistrate, Sagar, especially the order dated 4.10.2008 passed by the revisionary Court i.e. Second Additional Judge to the VIth Additional Judge, Sagar.

(2.) THE facts of the case in short is that a charge sheet for offence punishable under Section 304 -A of I.P.C was produced before the Chief Judicial Magistrate on 14.12.2006 against the applicant. On 14.2.2007 the charges were framed for offence punishable under Section 304 -A of I.P.C. On 30.11.2007, an application was moved by the applicant under Section 468 of Cr.P.C, that the charge sheet was time barred because as due intimation was received by the Police Officer in the midnight of 27th and 28th November, 2003 and therefore, the charge sheet should have been produced before expiry of the limitation. The application filed by the applicant was dismissed by the trial Court and the revision filed by the applicant before the revisionary Court was also dismissed.

(3.) SOME more facts relating to the case are that on 27.11.2003, at about 9.00 p.m in the night some work was going on in the house of the applicant with help of Contractor Ghasi Ram. During that work one labourer touched with the 33 KV cable line, which was above the roof and therefore, he (Mohan) had expired. A merg intimation was lodged on 28.11.2003. After keeping the matter for enquiry, Police Station Cantt., Sagar registered the case on 23.11.2006 and thereafter, the charge sheet was filed.